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Providing People Solutions |
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Providing People Solutions |
Each January, Tim Davis, partner at the law firm of Constangy, Brooks, Smith & Prophete, LLP, speaks to the local Topeka SHRM Chapter regarding recent and upcoming legal updates and how each affects the area of human resources. These legal updates include all aspects of the employer/employee relationship including compliance with the NLRA, FMLA, Title VII, ADA, ADEA, and FLSA, just to name a few.
During Mr. Davis’ January 2016 presentation, he addressed some of the most important HR legal issues of 2016. These key HR legal issues, which affect our clients as well, include:
· Employee Handbooks – If your employee handbook has not been reviewed in the last year or two, have it examined as soon as possible. Certain policies which were acceptable 1-2 years ago, are no longer considered lawful due to recent decisions by the NLRB. Specifically, any policy which prohibits or restricts an employee’s rights under Section 7 of the NLRA, including the right to engage in protected concerted activity, is considered unlawful in both union and non-union workplaces.
· FLSA Exemptions – With recent discussions regarding the increase in the exempt salary level test, it is critical for employers to begin forecasting costs and evaluating positions in order to determine the effect this change will have on their organizations. Most importantly, it is critical to have a plan in place on how to communicate the change and why the change has occurred to employees.
· ADA Accommodations – In just 15 years, the number of ADA charges has increased from 15,000 in 2000 to 25,000 in 2015. It is important for employers to understand how to accommodate a disability under the ADA, including the need for intermittent leave. Pregnancy is also protected and therefore employers must be aware of how to accommodate pregnant women just as they would accommodate an individual with a disability. Religious accommodations are also required and employers should be aware of what is considered a reasonable accommodation for religious purposes.
· EEOC – EEOC’s position is that sexual orientation is protected under Title VII because it is based on an allegation of sex discrimination, which is protected under Title VII. EEOC also considers transgender status to be gender discrimination under Title VII. Therefore, employers are not permitted to discriminate on the basis of sexual orientation, nor are they permitted to discriminate against transgender individuals. Employers should take proactive measures to ensure guidelines are enforced to protect these employees in the workplace.
· DOL/FLSA – Another significant HR legal issue facing employees is the proper classification of employees vs. independent contractors. Determining the proper classification is ambiguous, at best, and requires a very thorough analysis of the position/job description. But rest assured, both the U.S. DOL and the Kansas DOL have this issue in their sights for 2016.
There are a number of best practices for employers and human resources professionals to consider when working to prevent discrimination including, but not limited to, training all employees on EEO laws, promoting and fostering a work environment of professionalism and respect, and avoiding subjective employment decisions. Organizations have the obligation to monitor EEO compliance and analyze positions to determine appropriate qualification standards.
Creative Business Solutions specializes in working with our clients to ensure compliance with all applicable laws and regulations, including reviewing employee handbooks. In addition, CBS is experienced in evaluating and determining the appropriate FLSA status of various positions, as well as the appropriate means to accommodate employees.
Please call us today so we may ensure your organization is up to date with the above regulations. Of course, CBS will be pleased to assist your organization with any HR compliance issue you may - or could be - experiencing.
We appreciate your business, and we wish you nothing but the best for Christmas and the New Year holidays.
2024 will be an epic year and we can’t wait to work with you to continue the magic.
To view the video, click the image below or click here, and once you see the video on Vimeo, please click the play button. Enjoy!
"It's not what you say about yourself, it's what others say." - Anon.
We like to think our clients know us best. Here's what they have to say...
"Thank you all for your help in our search! We would be glad to give your company stellar reviews and recommendations. You cast an effective net, helped us with a professional approach to filling a vital job, kept us on track, and found the person we ultimately hired. Should we need you in the future, we will re-engage you with confidence!"
Rev. Dr. Larry Ross
Interim Co-Regional Minister
Christian Church (Disciplies of Christ) in Kansas
“HR Partners provides a screening process when searching for candidates for a position. The phone screens save me valuable time and give me the information needed to decide whether to invite someone to our office for an in-person interview. They also serve as a knowledgeable resource for up to date standards with HR issues. Two of the most significant improvements would be making the hiring process a breeze and having a resource to provide valuable feedback on HR issues.
HR Partners allows you to continue to work on your mission, whatever it might be, while spending less time on HR issues. You have the confidence when hiring someone that they will have the skills/knowledge to the job well.”
Gina Stewart
Executive Director of Administration
Washburn University Alumni Association and Foundation
“Knowledgeable and efficient are the two words I would use to describe HR Partners. When I need accurate information in a timely manner, I know I can count on HR Partners!”
Angie Clevenger
Human Resources
Butler Electric Cooperative
“We started working with HR Partners when we had staffing changes in our Accounting and Human Resource department. HR Partners has been there to assist us in that transition and has become a resource that we plan to continue to utilize. Everyone in their office is professional, courteous, knowledgeable, and always very prompt. HR Partners has been able to provide advice and guidance on numerous HR topics and provided a mandatory Workplace Etiquette for our employees. They have also updated our personnel manual in order to provide clear and consistent polices for our employees. HR Partners would be an asset for any company looking for assistance with any human resource needs.”
Kevin Holland
Vice President
Cook, Flatt & Strobel Engineers
“It gives me the peace of mind knowing that we have the support and expertise of Human Resources professionals just a phone call away through our collaboration with HR Partners. I would definitely tell anyone considering working with the HR Partners team that they offer a wide variety of services tailored to the client. The HR Partners team assisted our Company with the revision of the Employee Handbook by customizing it to our needs and culture while ensuring it complied with federal, state, and local employment laws.”
Sandy Atwood
Director of Human Resources
Kaw Valley Bank
“I’ve been working with HR Partners for seven (7) years and they’ve been a trusted resource for all of our HR needs. From creating our Employee Handbook, Job Descriptions, assisting with the hiring process and terminations, they have been a much needed and valuable partner as our company has grown from one location with six (6) employees to five (5) locations with over forty (40) employees.”
Joe Koechner
Pharmacist/Owner
KexRx Pharmacy & Home Care
“When McElroy’s first started in business, there were not the extensive Human Resources compliance requirements that there are today. HR Partners has assisted us by formalizing our policies and updating our employment records to make sure we meet these requirements. This has enabled McElroy’s, Inc. to focus on what we do best and continue to provide ‘Service You Trust’ to our clients.”
Dan Beal
President
McElroy's, Inc.
“Consultation services provided by HR Partners proved a valuable resource for personnel matters and in updating our personnel handbook. As we continued to grow in staff size, we found an on-going retainer with HR Partners a great fit to support management, policy and training needs. The HR Partners team is professional, knowledgeable and creative in their approach and we can have confidence in managing employment matters with their involvement and understanding of our organization.”
Sandy Warren
Executive VP & CFO
Capper Foundation
“HR Partners has built an exceptional company with some of the most proactive professionals I’ve seen in a long time. We hired HR Partners with a human resources 911 issue and were in much better shape within two weeks! Kristina Dietrick, President of HR Partners, is also great as a speaker and motivator for your staff.”
Michelle Meier
Administrator
Kansas Medical Clinic
“We have worked with HR Partners on multiple occasions. Since we’re too small to have an HR advisor on staff, we have relied on HR Partners’ expertise in reviewing our employee manual and other HR-related documents. HR Partners has also been available for advice when needed. They are thorough, straightforward and focused on positive outcomes. I am always confident in HR Partners’ counsel.”
Martha Bartlett Piland
President and CEO
MB Piland
“Schendel worked with HR Partners in several different capacities over a five state area. HR Partners answered our questions about employment law, helped train our management staff to be better leaders, and ensured our employee policies and procedures were legally sound and in the best interests of both Schendel and our co-workers. I've always found the HR Partners staff to be very knowledgeable, friendly and easy to work with. The relationship we formed with HR Partners helped protect both our company and our co-workers, and I feel it was very beneficial to Schendel."
Brent Boles
Co-Owner
Schendel Lawn and Landscape
“I want to thank you and your team again at HR Partners for your amazing work in securing a high quality Customer Service Representative (CSR) for our Topeka MRH Insurance Group office. Without a doubt, if it were not for your company’s ability to understand the different paths to communicate our need, we would not have been successful in securing in our opinion, the very best CSR in Topeka. HR Partners was instrumental in providing the strategy to secure such an individual for our company and my workings with each and every member of your team was professional and impressive. I shall ever be grateful for your assistance in helping our company grow in Topeka and northeast Kansas by securing the right MRH Team Member for our operation.”
Ross T. Hendrickson
President
MRH Insurance Group, Inc.Group, Inc.
“Kristina and her team are a dynamic and reliable group to work with. Whether there is a crisis or you’re looking for strategic planning, they will handle it in a responsive, knowledgeable manner. When I need a speedy answer which I can depend on to also be the right answer, HR Partners delivers. This is a talented, smart group and I highly recommend their services.”
Kelly Liby
Anesthesia Associates of Topeka, PA
“HR Partners has been instrumental in ensuring our company is in compliance with ever-changing government requirements. Equally as important, they’ve helped us effectively deal with some of those out-of-the ordinary human resource issues that pop up from time to time. They have been accessible and very pleasant to work with.”
Jon Newcomer
President
Kansas Grain Inspection Service, Inc.
“We began working with HR Partners to help us fill an important position in our organization. They offered some new and effective methods for helping us advertise the open position and were instrumental in assisting us with following up on potential candidates.
Since that initial engagement, we’ve utilized the expertise of HR Partners for a wide range of human resources services, from staffing assistance to general HR management advice. Their entire staff has been exceptional. They are professional, knowledgeable, responsive, and enjoyable to work with. We are very happy with their service and intend to continue to rely on them as a trusted business partner.”
Seth Born
Comptroller/HR
Beachner Grain, Inc.
“Kristina and her group of advisors have been very valuable to our company over the last several years. They have assisted us both in critical employee issues as well as reviewing and updating our employee handbook. As their company name proclaims, they are true business partners!”
Mark Wheeler
President
Berlin-Wheeler, Inc.
“The Topeka Country Club has used HR Partners for five years. During that time, when a situation arose needing immediate attention, they were always there. The whole team at HR Partners is professional, knowledgeable and extremely helpful with their approach.”
Clay Meininger
President & COO
Topeka Country Club
“HR Partners has provided invaluable training, mentoring and coaching for my staff and coworkers that is in concert with our own Human Resources Department and internal policies, procedures and development plans. It has proven to be a successful partnership for us that provides an extra set of resources in our staffing and organizing efforts, succession planning, and individual employee growth and development endeavors. The staff at HR Partners are professional, courteous, and make working on challenging issues not only effective, but fun!”
Sylvia Davis
WPC General Manager
City of Topeka
“HR Partners is an excellent tool to have in your belt. Time is taken to be sure that everyone understands every topic, the anticipated outcome, and the steps taken to achieve the desired results. The solutions provided are prompt, professional, and thorough. Our management team appreciates the expertise provided by HR Partners in an industry with few diamonds and much rough. HR Partners is truly a diamond in the rough.”
Tyler Levier
Operations Manager
Prairie Band, LLC
